CAN WE LEGISLATE FOR PREVENTION AND EARLY INTERVENTION SERVICES FOR CHILDREN? AN ANALYSIS OF ASPECTS OF THE 2002 DRAFT CHILDREN’S BILL

This article provides an explanation and critical analysis of the prevention and early intervention provisions in the South African Law Commission ‘s 2002 Draft Children’s Bill. In addition, the inter-sectoral approach provided for in the Draft Bill and the proposed national policy framework are evaluated. Innovative recommendations that would allow child and family courts to issue early intervention orders are discussed. It is contended in the article that if the prevention and early intervention provisions in the Draft Bill were to be translated into legislation, this could produce significant consequences. It would cause a fundamental shift in balance between proactive and reactive social work services for children in South Africa